§ Mr. VazTo ask the Parliamentary Secretary, Lord Chancellor's Department if he will state the hourly rates for all types of legal aid over each of the last 20 years and also give the figures in real terms.
Mr. John M. TaylorThe available figures are as follows. Prescribed hourly rates for solicitors undertaking criminal legal aid work in the magistrates courts and the Crown court were introduced in October 1982. The paying authority has the power to allow fees higher than the prescribed hourly rates where these rates would not reflect
Criminal legal aid hourly rates (£) 1982–1992 Type of work Year 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 (a) magistrates' court proceedings Preparation 24.00 25.00 26.00 27.00 28.50 32.50 34.50 36.50 39.25 42.00 43.25 Advocacy 29.00 30.00 32.00 33.00 35.00 40.50 43.00 46.00 49.50 53.00 54.50 Attendance at court where counsel assigned 15.00 16.50 17.00 18.00 19.00 21.50 23.00 24.50 26.25 28.50 29.50 Travelling and waiting 16.00 16.50 17.00 17.00 18.00 19.00 19.50 20.50 22.00 23.50 24.25 (b) Crown Court and Court of Appeal proceedings Preparation: Senior solicitor 29.00 30.00 30.00 31.00 33.00 38.00 40.00 42.50 46.00 50.00 51.50 Solicitor/legal executive/fee-earner of equivalent experience 23.00 24.00 26.00 27.00 28.50 32.50 34.50 36.50 39.50 42.25 43.50 Articled clerk/fee-earner of equivalent experience 14.00 15.00 17.00 18.00 19.00 21.50 22.50 24.00 26.00 28.00 28.75 Advocacy: Senior solicitor 31.00 32.00 32.00 33.00 35.00 40.50 50.00 53.00 57.00 61.00 62.50 Solicitor 27.00 28.00 32.00 33.00 35.00 40.50 43.00 46.00 49.50 53.00 54.50 Attendance at court where counsel assigned: Senior solicitor 26.00 26.00 26.00 27.00 28.00 31.00 33.00 35.00 37.50 40.00 41.25 Solicitor/legal executive/fee-earner of equivalent experience 20.00 20.00 20.00 21.00 22.00 24.50 26.00 27.50 29.50 32.00 33.00 Articled clerk/fee-earner of equivalent experience 12.00 12.00 12.00 13.00 14.00 15.50 16.00 17.00 18.25 19.50 20.00 Travelling and waiting: Senior solicitor 18.00 18.00 17.00 17.00 18.00 19.00 19.50 20.50 22.00 23.50 24.25 Solicitor/legal executive/fee-earner of equivalent experience 13.00 13.00 17.00 17.00 18.00 19.00 19.50 20.50 22.00 23.50 24.25 Articled clerk/fee-earner of equivalent experience 8.00 8.00 8.00 9.00 9.00 9.50 9.75 10.25 11.00 11.75 12.00 334W
Criminal legal aid hourly rales (£) 1982–1992 expressed at 1992–1993 prices Type of Work Year 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 (a) magistrates' court proceedings Preparation 41.87 41.68 41.29 40.63 41.52 44.91 44.46 44.13 43.88 43.78 43.25 Advocacy 50.60 50.02 50.81 49.66 50.99 55.97 55.42 55.62 55.34 55.25 54.50 Attendance at court where counsel assigned 26.17 27.51 27.00 27.09 27.68 29.71 29.64 29.62 29.35 29.71 29.50 Travelling and waiting 27.91 27.51 27.00 25.58 26.23 26.26 25.13 24.79 24.60 24.50 24.25 the exceptional competence and dispatch with which the work was done, or the exceptional circumstances of the case.
In 1988 standard fees replaced hourly rates for the majority of Crown court criminal work. Prescribed hourly rates were introduced for legal advice and assistance in police stations in 1986 and for matrimonial work in 1988. Non-matrimonial civil work is not covered by prescribed rates.
The duty solicitor scheme providing legal advice and assistance in magistrates' courts is based on an average of the prescribed hourly rates for advocacy and preparation—before April 1992 travelling and waiting—for criminal legal aid work in the magistrates' courts. Since 1989 separate hourly rates have been prescribed for care proceedings, for mental health review tribunal work and for non-care proceedings under the Children Act.
The prescribed hourly rates from 1982–92 for criminal work, for matrimonial work and for legal advice and assistance in police stations are set out in the tables. The tables give basic rates only and do not include London weighting. Each table is followed by a table giving the figures in real terms.
The figures have been uprated to 1992–93 prices using the GDP deflator.
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Type of Work Year 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 (b) Crown Court and Court of Appeal proceedings Preparation: Senior solicitor 50.60 50.02 47.64 46.65 48.08 52.51 51.55 51.39 51.43 52.12 51.50 Solicitor/legal executive/fee-earner of equivalent experience 40.13 40.02 41.29 40.63 41.52 44.91 44.46 44.13 44.16 44.05 43.50 Articled clerk/fee-earner of equivalent experience 24.43 25.01 27.00 27.09 27.68 29.71 29.00 29.02 29.07 29.19 28.75 Advocacy: Senior solicitor 54.08 53.36 50.81 49.66 50.99 55.97 64.44 64.08 63.73 63.59 62.50 Solicitor 47.11 46.69 50.81 49.66 50.99 55.97 55.42 55.62 55.34 55.25 54.50 Attendance at court where counsel assigned: Senior solicitor 45.36 43.35 41.29 40.63 40.80 42.84 42.53 42.32 41.93 41.70 41.25 Solicitor/legal executive/fee-earner of equivalent experience 34.89 33.35 31.76 31.60 32.05 33.86 33.51 33.25 32.98 33.36 33.00 Articled clerk/fee-earner of equivalent experience 20.94 20.01 19.06 19.56 20.40 21.42 20.62 20.55 20.40 20.33 20.00 Travelling and waiting: Senior solicitor 31.40 30.01 27.00 25.58 26.23 26.26 25.13 24.79 24.60 24.50 24.25 Solicitor/legal executive/fee-earner of equivalent experience 22.68 21.68 27.00 25.58 26.23 26.26 25.13 24.79 24.60 24.50 24.25 Articled clerk/fee-earner of equivalent experience 13.96 13.34 12.70 13.54 13.11 13.13 12.57 12.39 12.30 12.25 12.00
Civil legal aid in matrimonial proceedings hourly rates (£) in High Court and County Court 1988–1992 Type of work 1988 1989 1990 1991 1992 High Court County Court High Court County Court High Court County Court High Court County Court High Court County Court Preparation1 34.00 30.00 36.00 32.00 39.00 34.50 41.75 37.00 43.00 38.20 Travelling and waiting 25.00 23.00 26.50 24.50 28.50 26.25 30.50 28.00 31.50 28.75 Attending counsel in conference/attendances with counsel at any trial, hearing or appointment 30.00 26.50 31.00 27.00 33.00 29.00 35.50 31.00 36.50 32.00 Attendances without counsel at any trial, hearing or appointment 42.00 38.00 46.00 43.00 50.00 47.00 53.50 50.50 55.00 52.00 1 Paid for preparation other than writing routine letters, receiving routine letters and routine telephone calls. A rate of plus 50 per cent, is paid for general care and conduct of the proceedings.
Civil legal aid in matrimonial proceedings hourly rates (£) 1988–92 in High Court and County Court expressed at 1992–93 prices Type of Work Year 1988 1989 1990 1991 1992 High Court County Court High Court County Court High Court County Court High Court County Court High Court County Court Preparation 43.82 38.66 43.53 38.69 43.61 38.57 43.52 38.57 43.00 38.20 Travelling and waiting 32.22 29.64 32.04 29.62 31.87 29.35 31.80 29.19 31.50 28.75 Attending counsel in conference/ attendances with counsel at any trial, hearing or appointment 38.66 34.15 37.48 32.65 36.90 32.42 37.01 32.32 36.50 32.00 Attendances without counsel at any trial, hearing or appointment 54.13 48.97 55.62 51.99 55.90 52.55 55.77 52.65 55.00 52.00 336W337W
Advice and assistance at police stations hourly rates (£) 1986–1992 Type of work Year 19861 19862 1987 1988 1989 1990 1991 1992 Availability during duty period (standby payment) 2.50 2.60 2.85 2.90 2.95 3.15 3.40 3.50 (maximum) (60.00) (62.40) (68.40) (69.60) (70.80) (75.60) (81.60) (84.00) Advice and assistance: duty solicitor unsocial hours 36.00 38.00 43.00 45.00 48.50 52.25 56.00 57.50 duty solicitor all other hours/own solicitor 27.00 28.50 32.50 34.50 36.50 39.25 42.00 43.50 Travelling and waiting: duty solicitor unsocial hours 36.00 38.00 43.00 45.00 48.50 52.25 56.00 57.50
Type of work Year 19861 19862 1987 1988 1989 1990 1991 1992 duty solicitor all other hours 27.00 28.50 32.50 34.50 36.50 39.25 42.00 43.50 own solicitor 17.00 18.00 19.00 19.50 20.50 22.00 23.50 24.25 1(January to April) 2(from April)
Advice and assistance at police stations hourly rates (£) 1986–92 expressed at 1992–93 prices Type of work Year 11986 21986 1987 1988 1989 1990 1991 1992 Availability during duty period (standby payment) 3.76 3.79 3.94 3.74 3.57 3.52 3.54 3.5 Advice and assistance: duty solicitor unsocial hours 54.18 55.37 59.42 57.99 58.64 58.42 58.38 57.5 duty solicitor all other hours/own solicitor 40.63 41.52 44.91 44.46 44.13 43.88 43.78 43.5 Travelling and waiting: duty solicitor unsocial hours 54.18 55.37 59.42 57.99 58.42 58.42 58.38 57.5 duty solicitor all other hours 40.63 41.52 44.91 44.46 44.13 43.88 43.78 43.5 own solicitor 25.58 26.23 26.26 25.13 24.79 24.6 24.5 24.25 1 January to April. 2 From April.
§ Mr. VazTo ask the Parliamentary Secretary, Lord Chancellor's Department what investigations he has made into the numbers and proportions of solicitors' firms that accept legal aid work; and if he will state the findings of such investigations.
Mr. John M. TaylorNo statistics are available on the number of firms of solicitors undertaking legal aid work at any one time. The Legal Aid Board does, however, publish a figure showing the number of offices receiving payment. For the last five years these were as follows:
Year Number 1987–88 11,617 1988–89 11,558 1989–90 11,455 1990–91 11,125 1991–92 11,060 The Legal Aid Board also publishes statistics which show that although the number of offices receiving payment has fallen, the number of legal aid payments made to solicitors has risen.
§ Mr. VazTo ask the Parliamentary Secretary, Lord Chancellor's Department what provision he intends to make in the legal aid fee structures for listening to tape recordings of police interviews with suspects.
Mr. John M. TaylorListening to tape recordings of police interviews forms part of the preparation of a criminal case, and is remunerated as such under the present arrangements. Under the proposed system of standard fees for solicitors' criminal legal aid work in the magistrates' courts, it is intended that payment for listening to tape recordings should be included in the standard fee, since it forms part of the normal preparation of a case.
§ Mr. VazTo ask the Parliamentary Secretary, Lord Chancellor's Department what account he has taken of representations made to him by the Law Society concerning the question of fixed fees for legal aid.
Mr. John M. TaylorFixed fees have not been proposed. The consultation period on the proposed338W standard fee system for solicitors' criminal legal aid work in the magistrates courts is planned to continue until the end of October.
Discussions with the Law Society on standard fees began in July 1991. As a result, the Lord Chancellor has made several changes to his proposals. These include a fee structure based on the amount of work done, rather than hearing time as originally suggested, and allowing waiting time to be claimed separately.